Question 1

Is it a crime to share a victim's name if it's already on social media?

Accepted Answer

Yes. Every individual act of publishing or sharing the identity is a separate offence under BNS 72. Everyone else is doing it is not a legal defence.

Question 2

Can I mention the victim's name if they have passed away?

Accepted Answer

No. The protection of BNS 72 extends even after the death of the victim, unless specific written authorisation from the next of kin is obtained.

Question 3

What is the BNS equivalent of IPC 228A?

Accepted Answer

IPC Section 228A → BNS Section 72. The same protection is preserved — media cannot disclose any identifying information of a rape/sexual offence victim, even after death, without specific legal authorisation.

Question 4

Does Section 228A/BNS 72 apply to social media?

Accepted Answer

Yes — Nipun Saxena v. Union of India (2019) confirmed digital publication of victim identity is equally covered. Posting a rape victim's name, photo, or any identifying information on social media is a cognizable offence.

Question 5

Can a victim disclose their own identity?

Accepted Answer

Yes — Section 228A contains an exception allowing disclosure with the victim's written consent. A survivor who chooses to publicly identify themselves is exercising their own right. The prohibition targets third-party disclosure.

Protecting Victim Identity: IPC 228A vs BNS 72

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